Gov. Lamont Signs Marijuana Legalization Bill Into Law In CT

CONNECTICUT — With a swipe of his pen Tuesday, Gov. Ned Lamont legalized the recreational use of marijuana by adults in Connecticut.

Effective July 1, residents 21 and over may possess up to 1.5 ounces of marijuana on their person and up to 5 ounces secured in their home or vehicle. Retail sales will begin May 2022, and residents can start growing their own plants the following year.

Lamont signed Senate Bill 1201, "An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis," in a small ceremony on Tuesday. The bill was introduced by House Speaker Matt Ritter and Senate President Martin Looney.

Lawmakers in Hartford have been debating legalizing cannabis in the state for close to a decade. With weed recently legalized in nearby New York, New Jersey and Pennsylvania, the bill's proponents had begun to frame the battle as an economic one.

"By allowing adults to possess cannabis, regulating its sale and content, training police officers in the latest techniques of detecting and preventing impaired driving, and expunging the criminal records of people with certain cannabis crimes, we’re not only effectively modernizing our laws and addressing inequities, we’re keeping Connecticut economically competitive with our neighboring states," Lamont said.

Fifteen states and Washington, D.C., have legalized recreational marijuana, and Rhode Island is close.

In addition to the regular 6.35 percent sales tax, Connecticut will collect an excise tax based on the THC content of the product. Towns can pile on another 3 percent tax, but there are strings. The municipalities may only use their cannabis tax revenue for programs and services that benefit neighborhoods where cannabis retailers or micro-cultivators are located; community civic engagement efforts; certain youth programs; services for residents released from Corrections Department custody, probation, or parole; or mental health and addiction services.

Residents with convictions for possession, drug paraphernalia, or sale and manufacture of 4 or fewer ounces or six or fewer plants, could petition to have them expunged. Beginning Jan. 1, 2023, all convictions from Jan. 1, 2000, through Sept. 15, 2015, for possession of fewer than 4 ounces will be purged automatically.

Teens found in possession of marijuana will start getting a break come July as well. Juveniles found with less than 5 ounces of a cannabis product will get a written warning for their first offense possibly referred to a youth services bureau. Second-time youthful offenders face a mandatory referral to a youth services bureau, and subsequent offenses will find them in juvenile court. Licensees who sell to minors would be slapped with a Class A misdemeanor, which is punishable by up to a year in prison and a $2,000 fine.

Although the new law prohibits residents from smoking or eating cannabis while driving, it also prevents police from using the smell of cannabis as the sole reason for stopping and searching a vehicle.

The bill prohibits smoking, inhaling, or ingesting marijuana while driving or riding in a motor vehicle. It also bars police from using the odor of cannabis or burnt cannabis as a basis for a stop or a search of a vehicle.

For purposes of determining where in the community you can smoke marijuana, the new law lumps it in with tobacco and e-cigarettes. Significantly, as of Oct. 1, the law expands the forbidden zones for the smoking of anything to inside 25 feet from stores, restaurants and public buildings. If you live in a municipality with a population of more than 50,000, there must be at least one area designated for public cannabis consumption, according to the new law.

The law favors the assignment of cannabis retail operation licenses to social equity applicants, those people and communities who were most disadvantaged by previous marijuana laws. A new Social Equity Council will be formed to provide guidance and recommendations to lawmakers. Equity applicants will also be able to apply for technical assistance, workforce training and funding to cover startup costs. Licensing fees for social equity applicants will also be half of the norm.

The state House and Senate approved the bill during a contentious special session last week. The bill which came out of the second Senate vote differed from the first, broadening the definition of who could apply for cannabis licenses as social equity applicants. Lamont vowed to veto that bill, and prior to their vote the next day, the House removed the amendment.

The new law does allow for some local controls. If at least 10 percent of residents petition for it, the town must hold a public referendum, which will decide whether marijuana sales will be allowed there.